Peninsular Malaysia’s legal profession is quite different from the legal profession in Sabah & Sarawak. They are governed by different legislation. Lawyers in Peninsula is governed by the Legal Profession Act 1976 whereas Sabahan and Sarawakian lawyers are governed by Sabah Advocates Ordinance and Sarawak Advocates Ordinances respectively. Hence, the requirements of being a lawyer are slightly different in the East compared to the West. 

Sabah & Sarawak Bar also recognised Barrister of Scotland and Northern Ireland apart from Barrister of England and Ireland – S.4(a) Sabah Advocates Ordinance & S.4(a) Sarawak Advocates Ordinance (c.f. Admission into the Legal Profession in West Malaysia – S.10(a) & S.3 LPA 1976 – only recognised Barrister at law of England & Barrister at Law of the Honourable Society of King’s Inn, Dublin, Eire). 

One is eligible to be admitted into the East Malaysian’s legal profession If he/she has been admitted to practice as a legal practitioner (by whatever name called) by a Supreme Court or High Court of a Commonwealth jurisdiction (S.4(d) Sabah Advocates Ordinance & S.4(d) Sarawak Advocates Ordinance). Hence, Graduate from Australian University and have been admitted as legal practitioners in the relevant State in Australia can be admitted as lawyers in Sabah & Sarawak. However, they could not directly be admitted as Advocates and Solicitors of the High Court of Malaya despite admitted into Australia’s legal profession. 

There is no need to satisfy the Bahasa Malaysia requirement as stipulated in S.11(2) LPA 1975 in order to be admitted into Sabah & Sarawak Bar. Well, so that those who completed their schooling in English-medium schools or in foreign countries can practice in Sabah and Sarawak. 

Sabah and Sarawak have a different time period for pupillage – 12 months (S.4(1A)(a) Sabah Advocates Ordinance & S.4(1A)(a) Sarawak Advocates Ordinance) whereas in West Malaysia – 9 months (S.12(2) LPA 1976). 

However, in Sabah, the pupillage period can be shortened if: 

6 months pupillage period if he/she is: 

• A graduate from a local university and has been admitted as an Advocate and Solicitor in the High Court of Malaya
• A graduate with a CLP and has been admitted as an Advocate and Solicitor in the High Court of Malaya

9 months pupillage period: 

• if he or she is a graduate with an Australian Law Degree and has been admitted as a legal practitioner in the relevant State in Australia

Furthermore, not everyone can be admitted into Sabah’s Bar and Sarawak’s Bar. Only those who have a connection with the State can be admitted. (s.4(2)(c) Sabah Advocates Ordinance & S.4(2)(c) Sarawak Advocates Ordinance). Even Sabahan cannot be admitted as an Advocate in Sarawak and vice versa. 

Sabah & Sarawak Connection is defined in S.2(2) Sabah Advocates Ordinance and S.2(2) Sarawak Advocates Ordinance respectively as 

(a) person has been born in the State (Sabah includes Federal Territory of Labuan); 

(b) has been ordinarily resident in that particular State for a continuous period of five years or more; or 

(c) satisfies the Chief Judge that he is, at the time when the question whether he has the State connections is relevant, domiciled in the State.

So does it mean that West Malaysian are completely barred from practising in East Malaysia? 

No. S.10(1) Sabah Advocates Ordinance & S.10(c) Sarawak Advocates Ordinance provided that West Malaysian’s lawyers can seek for ad hoc admission where the Chief Judge may in his absolute discretion, upon application by or on behalf of any person who possesses the necessary qualifications, grant permission to such person to practise in any one case subject to any conditions he may think fit if such person has been instructed by a local advocate; and having regard to all the relevant circumstances he is of the opinion that it is in the interest of justice so to do. 

You might be wondering why there is a need to have separate laws to govern the legal profession and restriction imposed in becoming a lawyer in Sabah and Sarawak. This is the arrangement agreed when Sabah and Sarawak joined Malaya to form Malaysia as a guarantee to protect the East Malaysians’ rights and privileges and it is clearly embodied in Article 161B of the Federal Constitution.